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HomeMy WebLinkAboutOrdinance - 1944 - Amending title 10 h < II, 411 I I ORDINANCE NO. /yr( U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 10 OF THE REDDING MUNICIPAL CODE BY ADDING CHAPTER 10. 26 , SACRAMENTO RIVER AREA REGULATIONS. • The City Council of the City of Redding does hereby ordain IL! as follows : Section 1 . Title 10 , PUBLIC PEACE, MORALS AND WELFARE, of the Redding Municipal Code is hereby amended by adding a new Chapter 10 . 26 as follows: Chapter 10.26 SACRAMENTO RIVER AREA REGULATIONS Sections: 10. 26. 010 Findings and Purpose 10 . 26. 020 Definitions 10. 26 . 030 Speed H 10. 26. 040 Prohibition i 10 . 26 . 050 Exceptions 10. 26. 060 Littering 10. 26. 070 Violations/Penalties. 10.26.010 Findings and Purpose. II A. Local use regulations of the Sacramento River relating to watercraft of various types are authorized by Sections 268 and 660 of the California Harbors and Navigation Code. Utilization of the Sacramento River within the City of Redding should be done in a manner which protects the resource from degradation of its beauty and its use as a fish and wildlife habitat. The provisions of this Chapter relating to the use of watercraft are, therefore, necessary to the preservation of the public peace, safety, health, and welfare. I • B. The purpose of this Chapter is to exercise the police power in order to protect the Sacramento River Area as an aesthetic and fish and wildlife resource so that it may be enjoyed by the majority of the community. C. In addition to the regulations contained in this Chapter, use of the Sacramento River Area within the City of Redding shall be governed by all applicable sections of the California Harbors and Navigation Code as the same may be from time-to-time amended; and all applicable regulations of the Department of Boating and Waterways and the United States Coast Guard as they maybe from time-to-time amended. To the extent that a conflict might exist between this Chapter and any of the aforementioned statutes or regulations, enforcement shall be based upon the most strict provision found within this Chapter, the statutes, or regulations. 10.26.020 Definitions. The following words and phrases when used in this Chapter shall, for the purposes of this Chapter, have the meanings respectively ascribed to them by this section: A. "Motorized vessel" shall mean any boat or vessel whose principle means of propulsion is by an internal combustion, electrical or mechanical engine, either inboard or outboard. B. "Personal watercraft" is any motorized vessel which has an internal combustion engine powering a water-jet pump or a fully-covered propeller chamber as its primary source of motor propulsion, and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vessel. The term shall include those vessels commonly known as "Jet Skis , " "Wet Bikes, " Surf Jets, " and Sea-Doo. " C. "Sacramento River Area" shall mean the main channel of the Sacramento River; adjacent waterways accessible from the main channel; ponds or other bodies of water which through seepage or otherwise are influenced by the level of the Sacramento River; and those areas subject to flooding by the Sacramento River, all as they may exist within the corporate limits of the City of Redding. 10.26.030 Speed. No person shall operate any motorized vessel at a speed in excess of 25 miles per hour in the Sacramento River Area. Speed 2 i 4 • j l • ' of the motorized vessel shall be measured in relationship to any adjacent land mass, and may be measured by the utilization of a radar speed-measuring device. 10.26.040 Prohibition. Personal watercraft are prohibited from operation in the Sacramento River Area at all times. 10.26.050 Exceptions. The regulations contained within this Chapter shall not apply to: A. Any motorized vessel or personal watercraft owned, operated, or controlled by the United States or by a California or Shasta County Agency. i' B. Any motorized vessel or personal watercraft engaged in bona fide emergency or rescue operations or other operations conducted solely to protect public safety and health. C. The Director of Planning and Community Development or a designated representative may issue an administrative use permit, upon such terms and conditions deemed necessary to protect the public peace, health, and safety, for the exclusive use of any portion of the Sacramento River Area, to any organization, group, or person which intends to stage a special event which in his or her opinion is of a general public interest. 10.26.060 Littering. Any person who operates any motorized vessel on or within the Sacramento River Area shall not dispose of any materials, other than normally disposable fishing items, in the Sacramento River Area. Raft rental or other similar rental operations shall provide receptacles for litter to be maintained within each raft or boat while on the Sacramento River Area. Rental operators shall charge a $5 litter deposit which shall be refunded to the rental customer upon return of the litter receptacle. 10.26.070 Violations/Penalties. Violations of this Chapter are declared to be infractions, and violators shall be punished as follows: A. A fine not to exceed $100 upon the first conviction; 3 • 0 I , I, B. A fine not to exceed $200 upon the second conviction within one year of the first conviction; C. A fine not to exceed $350 for a third conviction within a one-year period; D. A fine not to exceed $500 for a fourth or any subsequent conviction within a one-year period. i ' Section 2. It has been determined that this matter is ii yI categorically exempt from the provisions of the California I� Environmental Quality Act. Section 3 . The City Clerk shall certify to the adoption of ' ' 1 this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced , and read at a regular meeting of the City Council of the City of Redding on the 6th day of November , 1990 , and was duly read and 0 adopted on the 20th day of November , 1990 , at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Dahl , Moss & Buffum NOES: COUNCIL MEMBERS: Arness & Ful ton t ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None /710744,--- Z/1 /61{/ / / Ali ;NANC /BUFFUM; Mayor City/of Redding ATTESST:e J ETHEL A. NICHOLS, City Clerk FORM APPROVED: R• DALL A. HAYS, City Attorney 4 , q li